Dr. N. Ranganayakulu, v. The Sub Registrar Of Chikkapally,

HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO W.P.No.1316 OF 2006

ORDER

None appeared for the petitioner.

The petitioner states that he filed O.S.No.1207 of 2003 on the file of the X Junior Civil Judge, CCC, Hyderabad, seeking injunction not to alienate joint family property more particularly house bearing No.2-2-5, Ushakiran Archade, O.U.Road, Vidyanagar, Hyderabad, against one Venkatappaiah, Praveen Constructions and others. The trial Court granted status quo on 17.1.2003 in I.A.No.148 of 2003.

It appears that status quo orders were not extended after some time. When the petitioner came to know that the respondents are trying to alienate the property and in spite of notice, respondents 1 and 2 are refusing to heed the request of the petitioner, the present writ petition is filed.

The petitioner states that respondents 1 to 3 cannot register the properties in favour of the 3rd parties when there are prohibitory orders by the trial Court. However, the petitioner could not show any provisions of law for issuing the writ of Mandamus as sought for in the present writ petition.

In the light of the above facts, it is for the petitioner to work out his remedies as available under law and this Court cannot grant the relief as sought for the in the present writ petition. Any alienation of the said property pending the proceedings would be hit by lis pendens and the duties of the respondents 1 to 3 are governed by the provisions of the Registration Act, 1908. Accordingly, the Writ Petition is dismissed. No costs. Miscellaneous petitions, if any, pending, shall stand closed. __________________________________ JUSTICE A.RAMALINGESWARA RAO 15th June, 2017 rkk